RITESH KHATRI Vs. SHYAM SUNDAR KHATRI

JUDGEMENT

(1.) Instant Civil Second Appeal u/s. 100 of Code of Civil Procedure is directed against the judgment dtd. 21/2/2025 passed in Civil First Appeal No.64/2024, by the Additional District Judge, Sawai Madhopur, dismissing the appellant-defendant's First Appeal and affirming the judgment and decree dtd. 19/10/2024 passed in Civil Suit No.8/2019 by the Additional Civil Judge No.2, Sawai Madhopur, whereby and whereunder, while decreeing the Civil Suit for mandatory and permanent injunction filed by the respondent-plaintiff, appellant-defendant has been directed to vacate and handover actual possession of suit property to respondent-plaintiff. The prayer of the plaintiff to award mesne profit against defendant has been disallowed. The counter-claim submitted by the appellant-defendant seeking to restrain respondent-plaintiff by way of permanent injunction has also been disallowed.

(2.) This is an unfortunate litigation, in respect of immovable property between father and son, continuing since half decade, which shows a notable decadence of ethics and moral values in the society. Appellant-defendant is son and respondent-plaintiff is his father.

(3.) The relevant facts, in nutshell, as culled out from the record can be recapitulated as under and parties shall be referred as were called before trial Court:-